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Full text of "North Carolina Register v.11 no. 2 (4/15/1996)"



JWORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 2 • Pages 72-100 
April 15, 1996 



IN THIS ISSUE 

Tax Review Board 

Environment, Health, and Natural Resources 

Human Resources 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



RECEIVE! 

APR 23 1996 

fKATHRINE R. EVERETT 
LAW LIBRARY | 

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 J. 13 



NORTH CAROLINA 



IN THIS ISSUE 




I. IN ADDITION 

Tax Review Board 



72- 74 



II. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Environmental Management 

Wildlife Resources and Water Safety 



75 - 76 
76 



Volume 1 1 , Issue 2 
Pages 72 - 1 OO 



III. TEMPORARY RULES 
Human Resources 

Medical Assistance . . 



77 



April 15, 1996 



IV. RULES REVIEW COMMISSION 78-85 



This issue contains documents officially 
filed through March 22, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 86-88 

Text of Selected Decisions 

91 OSP 0522 89-92 

95 CPS 1336 93 - 96 

95 EHR 1198 97-99 

95 EHR 1199 97-99 

VI. CUMULATIVE INDEX 1-12 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolina112nort 





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IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
on May 25, 1993 by tbe Secretary of Revenue against 
JACK EARL BEST and JOCELYN VERNELL BEST 



ADMINISTRATIVE 
DECISION NUMBER: 311 



THIS MATTER was heard before the Tax Review Board on December 19, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. Jack Earl Best and Jocelyn Vemell Best (hereinafter "Taxpayers") filed a 
petition for administrative review of the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative 
Services (heremafter "Assistant Secretary") entered on July 17, 1995 sustaming a proposed assessment of controlled substance 
excise tax for possession of non-tax-paid controlled substance. 

Chairman Harlan E Boyles, State Treasurer presided over the hearing with duly appointed member, Noel A. Allen, 
Attorney at Law participatmg. 

Mr. Best and his attorney, Johnny S. Gaskins were present at the hearing; Chnstopher E. Allen, Assistant Attorney 
General, appeared on behalf of the Department of Revenue. 

In the petition, the Taxpayers argued that the Assistant Secretary erred in sustairung the assessment of the controlled 
substance excise tax because they demed possessing a controlled substance. Taxpayers also argued that the statute under which 
the tax is assessed is unconstitutional. 

After the December 19, 1995 meeting, the Board took the matter under advisement pursuant to OS. § 1 05-24 1.2(bl). 
On February 20, 1996, the Board reviewed the Petition, brief, document and the record made m the proceedmg before the 
Assistant Secretary. 

The purpose of this Board is to provide admmistrative review to Taxpayers from the Secretary of Revenue's decision 
sustairung the assessment of tax or additional tax pursuant to North Carolma Revenue Laws. The Board after review of the factual 
situation and the application of the statute to those facts renders its decision. G.S § 105-24 1.2 provides that the Board's decision 
shall confirm, modify', reverse, reduce, or increase the assessment or decision of the Secretary. G.S. § 105-241 .2 does not give 
this admmistrative board the authonty or jurisdiction to rule on the constitutionality of a statute. Great Am. Uts, Co. v. Gold, 254 
N.C. 168, 118 S. E. 2d. 792 (1961). 

On review, the Board determined that G.S. § 105-1 13.105 et. seq. provides for the levy of an excise tax oil persons 
(dealers) who possess a non-tax-paid controlled substance The controlled substance is measured "by the weight of the substance 
whether pure, impure or dilute." G.S. § 105-113.107 A proposed assessment of the excise tax is presumed to be correct pursuant 
to G.S. § 1 05-24 1 I (a), thus the burden is on the Taxpayer to overcome this presumption and rebut the assessment. 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THIS PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED RENDERED 
THE FOLLOWING DECISION: that the fmdmgs of fact made by the Assistant Secretary were fully supported by competent 
evidence m the record; that the conclusions of law made by the Assistant Secretary were fully supported by the fmdings of 
fact; and that the decision by the Assistant Secretary sustairung the tax assessment was fully supported by the conclusions 
of law From the record, there was a reasonable basis to presume that the Taxpayers were in possession of the controlled 
substance. Pursuant to G.S. § 105-241. 1(a), the proposed assessment of the excise tax is presumed to be correct. 

IT IS THEREFORE ORDERED, that final decision of the Assistant Secretary sustaining the assessment is 
CONFIRMED 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



72 



IN ADDITION 



Since the Tax Review Board is not empowered to pass upon the constitutionaht)' of a statute, or its application to a 
particular assessment or taxpayer, the Taxpayers' argument regardmg the constitutionality of the statute was not properly before 
this forum. 



Entered this the 8th day of March, 1996. 



TAX REVIEW BOARD 

S/ Harlan E Boyles, Chairman 

State Treasurer 

S/ Hugh A. Wells Chauroan 

Utilities Commission 



S/ 



Noel L. Allen 
Member 



73 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



i 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE MATTER OF: 

The Proposed Assessment of 
additional Sales and Use 
Tax for the period of 
November 1, 1987 through 
September 30, 1990 against 
Frank DeFelice Ph. D, Inc., 
t/a Lake Norman Motel, Marine 
and Restaurant 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER: 



312 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on December 19, 1995 in the office of 
the State Treasurer in the City of Raleigh, Wake County, North Carolina. This matter mvolved an appeal by Frank DeFelice Ph. 
D, Inc., t/a Lake Norman Motel, Marine and Restaurant (heremafter "Taxpayer") from the Final Decision of Michael A. 
Hannah, Assistant Secretary for Legal and Admmistrative Services for the Department of Revenue (hereinafter "Assistant 
Secretary") entered on April 20, 1 995, sustainmg a proposed assessment of additional sales and use tax for the period of November 
1, 1987 through September 30, 1990. 

Chairman Harlan E. Boyles presided over the hearing with appointed member, Noel L. Allen, Attorney at Law. Frank 
DeFelice appeared on behalf of the Taxpayer, George W. Boylan, Special Deputy Attorney General, appeared on behalf of the 
Department of Revenue. 

After the December 19, 1995 meetmg, the Board took the matter under advisement pursuant to G.S. § 105-24 1.2(bl). 
On February 20, 1 996, the Board reviewed the Petition, documents and the record made in the proceeding before the Assistant 
Secretary', However, the Board determmed that the information attached to Brief for the Secretary, even though it was submitted 
for illustrative purposes only, would not be accepted as evidence and was disregarded by the Board as part of the record. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers regarding the Secretary 
of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. Pursuant 
toN.C.G S § 105-241 2, the Board shall confirm, modify, reverse, reduce or mcrease the assessment or decision of the Secretary. 

THE BOAfO^ HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND HAVING 
CAREFULLY CONSIDERED THE MATTERS OF RECORD AND ARGUMENTS PRESENTED RENDERED THE 
FOLLOWfNG DECISION: that the fmdmgs of fact made by the Assistant Secretary were fiiUy supported by competent evidence 
in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, and that 
the decision by the Assistant Secretary was fiilly supported by the conclusions of law; 

IT IS THEREFORE ORDERED that the Fmal Decision of the Assistant Secretary is CONFIRMED in every respect. 

Entered this the 8th day of March, 1 996. 







TAX REVIEW BOARD 








S/ 


Harlan E. Boyles, Chairman 
State Treasurer 








S/ 


Hugh Wells 

Chauman, Utilities Commission 








S/ 


Noel L. Allen 
Member 




11:2 


NORTH CAROLINA REGISTER 




April 15, 1996 


74 



RULE-MAKING PROCEEDINGS 



TITLE ISA - DEPARTME^fT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

Notice of Rule-making Proceedings is hereby given by 
the Einvironmental Management Commission in accor- 
dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Rule Citation: 15A NCAC 2B .0223 

Statutory Authority for the rule-making: G.S. 143-214.1 

Statement of the Subject Matter: In 1988, the Environ- 
mental Management Commission (EMC) classified the entire 
Neuse River Basin as Nutrient Sensitive Waters (NSW) and 
adopted a Nutrient Management Strategy. Due to continued 
nutrient loading problems, the EMC intends to revise the 
NSW strategy. The proposed interim strategy would require 
additional mandatory measures for point and nonpoint 
sources and encourage voluntary actions to achieve nutrient 
load reductions to the river system. Possible point source 
controls include effluent limits for total nitrogen and phos- 
phorus, the formation of a coalition of dischargers , and the 
requirement to offset increases in nutrient loading by 
financing implementation of nonpoint source controls. 
Possible nonpoint source controls include a mandatory 
vegetated buffer along perennial and intermittent streams, 
new permitting procedures for animal operations, stormwater 
controls for development, and nutrient martagement plan- 
ning. Voluntary measures include enhancing and targeting 
educational, technical and financial assistance programs. 
We are seeking comments on voluntary and mandatory 
aspects of the plan for both point and nonpoint sources of 
pollution. 

Reason for Proposed Action: During July, September, and 
October 1995, extensive fish kills occurred in the Neuse 
River, primarily from New Bern to Minnesott Beach. 
Millions of menhaden, as well as numerous flounder, 
croaker and rock fish were killed. The Division of Environ- 
mental Management collected water quality samples in the 
area of the fish kills. The samples showed that the water 
was hypoxic (lacking oxygen) only 1 to 2 meters below the 
surface. The results also showed a prevalence of algal 
blooms. The purpose of the revised NSW Management 
Strategy is to require additional mandatory measures and 
encourage voluntary actions to achieve nutrient load 
reductions to the river system and avoid these problems in 
the future. 

Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 



written comments. Written comments, data or other relevant 
information relevant to this proposal must be submitted by 
June 14, 1996. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all provi- 
sions of the proposal being noticed. If opposed to any or all 
provisions of the proposal we encourage you to offer 
appropriate alternative proposals. Written comments may be 
submitted to: David Harding, DEHNR/Division of Environ- 
mental Management, P.O. Box 29535, Raleigh, NC 27626- 
0535, (919) 733-5083, extension 569. Questions concerning 
proposed requirements for point source dischargers may be 
directed to Coleen Sullins at (919) 733-5083, ext. 550 and 
questions concerning proposed nonpoint source requirements 
to David Harding at (919) 733-5083, ext. 569. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

Notice of Rule-making Proceedings is hereby given by 
the Environmental Management Commission in accor- 
dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Rule Citation: 15A NCAC 2B .0315 

Statutory Authority for the rule-making: G.S. 143-214.1 

Statement of the Subject Matter: Proposed reclassifica- 
tion of a segment of the Neuse River from Classes WS-IV 
and WS-Vto WS-IV and WS-TV CA (Critical Area). 

Reason for Proposed Action: The Johnston County Board 
of Commissioners requested the reclassification of a segment 
of the Neuse River in Johnston County for water supply use. 
The raw water supply intake is to be located in a section of 
the Neuse River north of the Town of Smithfield. This 
section of the Neuse River is already classified as WS-TV due 
to the overlap of the Protected Area of the Town of Smith- 
field 's water supply intake located downstream. In order to 
apply the appropriate water supply classification , a WS-TV 
Critical Area is required upstream of the Johnston County 
water supply intake and the WS-IV Protected Area is 
required upstream of the Critical Area. The latter action 
requires reclassifying a section of the Neuse River from WS- 
V to WS-IV. Local governments having jurisdiction within 
the Critical and Protected Areas would be required to adopt 
and implement water supply protection ordinances that, at 
a minimum, meet the state's minimum requirements for a 
WS-IV water supply. There are two local governments , 
Town of Clayton and Johnston County, that have jurisdiction 
within the area proposed for reclassification. 



75 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



RULE-MAKING PROCEEDINGS 



Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data or other relevant 
information relevant to this proposal must be submitted by 
June 14, 1996. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all provi- 
sions of the proposal being noticed. Written comments may 
be submitted to: Steve Zoufaly, DEHNR/Division of Envi- 
ronmental Management, P.O. Box 29535, Raleigh, NC 
27626-0535, (919) 733-5083, extension 566. 

m***************** 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

Notice of Rule-making Proceedings is hereby given by 
the N.C. Wildlife Resources Commission in accor- 
dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



ISA NCAC IOC .0305 - OPEN SEASONS: CREEL AND 
SIZE LIMITS Regulate/restrict creel and size limits in Lake 
Ramseur, Randolph County. 

ISA NCAC IOC .0401 - MANNER OF TAKING MONGAME 
FISHES: PURCHASE AND SALE Addition of waters to the 
Community Fishing Program and to regulate the manner of 
taking certain fish. 

ISA NCAC lOD .0002 - GENERAL REGULATIONS 
REGARDING USE Requires all users of state owned game 
lands to have game lands license. 

ISA NCAC lOD .0003 - HUNTING ON GAME LANDS 
Adds and deletes game lands from the program or modifies 
game land seasons or restrictions. 

ISA NCAC lOF .0307 - CATAWBA: IREDELL: LINCOLN 
AND MECKLENBURG COUNTIES Local water safety 
regulations/ Mecklenburg County. 

ISA NCAC lOG .0100 - DISTRIBUTION AND SALE OF 
HUNTING: FISHING: AND TRAPPING LICENSE Proce- 
dures and requirements providing proof of entitlement to use 
of hunting and for fishing license. 

ISA NCAC 101 .0002 - PROTECTION OF 
ENDANGERED/THREATENED/SPECL4L CONCERN 

SPECIES To allow commercial trade of designated listed 
species under permit. 



Rule Citation: 15A NCAC lOB .0106, .0123, .0203, .0208 
- .0209, IOC .0107, .0205. .0305, .0401, lOD .0002 - 
.0003. lOF .0307, lOG .0100, 101 .0002 

Statutory Authority for the rule-making: G.S. 75A-3; 
75A-15; 113-132; 113-134; 113-138; 113-264; 113-270. IB; 
113-270.3; 113-272; 113-273; 113-274; 113-275; 113- 
2761; 1 13-276. 1(3)(4); 113-291.1; 113-291.2; 113-291.3; 
113-291.4; 113-291.5; 113-291.6; 113-292; 113-300.1; 113- 
300.2; 113-304; 113-305; 113-306; 113-307; 113-331; 113- 
333; 113-334(a); 113-337 

Statement of the Subject Matter: 

ISA NCAC lOB .0106 - WILDLIFE TAKEN FOR DEPRE- 
DATIONS OR ACCIDENTLY Clarification of rule regulat- 
ing mounting of road kills. 

ISA NCAC 108 .0123 - POSSESSION OF CERTAIN 
SPECIES OF WILDLIFE RESOURCES Clarification of 
restrictions or possession. 

ISA NCAC lOB .0203 - WHITE TAILED Restrictions on 
bag limits and changes in seasons for bow and arrow and 
muzzle loading weapons. 

ISA NCAC lOB .0208 - QUAIL Modification of seasons 
and bag limits. 

ISA NCAC lOB .0209 - WILD TURKEY (BEARDED 
TURKEYS ONLY) Modification of seasons. 
ISA NCAC IOC .0107 - SPECIAL REGULATIONS: JOINT 
WATERS Regulate seasons, sizes and creel limits of 
designated fish in joint waters. 

ISA NCAC IOC .020S - PUBLIC MOUNTAIN TROUT 
WATERS Update list of waters listed as trout waters. 



Reason for Proposed Action: 

ISA NCAC 108 .0106 .0123 - To clarify Rules 

ISA NCAC 108 .0203, .0208, .0209 - To regulate/restrict 

take of resources. 

ISA NCAC IOC .0107 - To regulate/restrict taking offish 

in Joint waters. 

ISA NCAC IOC .020S - To regulate/manage trout fishery. 

ISA NCAC IOC .030S - Regulate/restrict fishing in Lake 

Ramseur. 

ISA NCAC IOC .0401 - To update list of waters in the 

Community Fishing Program and to regulate the taking of 

certain fish in these waters. 

ISA NCAC lOD .0002 - To regulate use of State owned 

game lands. 

ISA NCAC lOD .0003 

ISA NCAC lOF .0307 

gested areas. 

ISA NCAC lOG .0100 

hunting licenses. 

ISA NCAC 101 .0002 - 

listed species. 



To regulate/manage game lands. 
- To regulate boat speeds in con- 

- To prevent fraudulent use of 

To regulate commercial trade of 



Comment Procedures: The record will be open for receipt 
of written comments from Aapril 15, 1996 through June 14, 
1996. Such written comments must be delivered or mailed 
to the North Carolina Wildlife Resources Commission, 512 
North Salisbury Street, Raleigh, NC 27604-1188. 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



76 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a 
notice of rule-making proceedings for a permanent rule that does not differ substantially from the published 
temporary rule. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Rule-making Agency: DHR-Division of Medical Assistance 

Rule Citation: 10 NCAC 26H .0506 

Effective Date: April 22, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: 108A-25(b): 
108A-54; 108A-55; 42 C.F.R. 440.170(f) 

Reason for Proposed Action: The effective date of a recent 
act of the General Assembly or the United States Congress. 
This change is necessary to permit payment to the public 
providers. The original rule as written limits payments to 
private providers only. 

Comment Procedures: Written comments concerning these 
rule-making actions must be submitted by June 14, 1996 to 
Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0500 - REIMBURSEMENT FOR 
SERVICES 

.0506 PERSONAL CARE SERVICES 

Reimbursement to personal care scp t 'iccs providers will b e 
an hourly all mclusivc foe as developed by the Division of 
Medical Assistance based on th e cost of th e s e rs'io e . 

(a) Personal care services in recipient's home, pre- 
scribed in accordance with a plan of treatment and 
provided by a qualified person under supervision of a 
registered nurse. Payment is based on a negotiated 
hourly fee not to exceed reasonable cost. 

fb) The Division of Medical Assistance will enter into 
contracts with private and public non-medical inpatient 
institutions using 42 CFR 434-12 for the provision of 
personal care services for State/County Special Assis- 
tance clients residing in domiciliary care homes. 

(1) Reimbursement is determined by the Division 
of Medical Assistance based on a capitation 
per diem fee derived from review of industry 
costs and determination of reasonable costs 



with annual inflation adjustments. The initial 
basic per diem fee is based on one hour of 
services p er patient day. Additional payments 
may be made utilizing the basic one hour per 
diem fee as a factor, for Medicaid eligibles 
that have a demonstrated need for additional 
care. The initial basic one hour fee is com- 



m 



puted by determining the estimated salary, 
fringes, direct supervision and allowable 
overhead. The fee(s) may be recalculated 
from a cost reporting period selected by the 
state. Payments may not exceed the limits set 
in 42 CFR 447.361. 

Public providers will be paid on an interim 
basis using the above method. Payments are 
to be cost settled with any overpayment repaid 
to the Division of Medical Assistance. No 
additional payment will be made due to cost 
settlement, 
(c) These changes to the Payment for Services Pro- 
spective Reimbursement Plan for Personal Care Services 
will become effective when the Health Care Financing 
Administration. U.S. Department of Health and Human 
Services, approves amendment submitted to HCFA by 
the Director of the Division of Medical Assistance on or 
about January i^ 1996 as #MA 95-33. wherein the 
Director proposes amendments of the State Plan to 
amend Payment for services ; Prospective Reimburse- 
ment Plan for Personal Care Services. 

History Note: Authority G.S. 108A-25(h); 108A-54: 

108A-55; 131D-4.1; 1310-4.2; 1995 S.L. c. 507, s. 23.10; 

42 C.F.R. 440.170(f); 

Eff. January 1, 1986; 

Temporary Amendment Eff. April 22, 1996. 



77 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



RULES REVIEW COMMISSION 



Ihis Section contains a listing of the rules to be reviewed by the Rules Review Commission (RRC) at the next meeting 
date as noted, and rules that RRC has objected to in accordance with G.S. 150B-2 1.9(a). State agencies are required 
to respond to RRC objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vernice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Jennie J. Hay man - Chairman 
Bill Graham 
Paul Powell 
Ed Shelton 



LOG OF FILINGS 
MEETING DATE: APRIL 18, 1996 

RULES SUBMITTED: FEBRUARY 20, 1996 THROUGH MARCH 20, 1996 



FOLLOW UP MATTERS: 

DHR/Social Services Commission - 

JUSTICE/Private Protective Services Board - 

DEHNR/Coastal Resources Commission - 

PUBLIC EDUCATION/State Board of Education 

Marriage and Family Therapy Licensing Board - 

Examiners of Fee-based Practicing Pastoral 
Counselors - 



10 NCAC 39D .0304 

12 NCAC 7D .0808 

15A NCAC 7H .0208 

16 NCAC 6D .0106 

21 NCAC 31 .0102, .0104, .0304, .0502 



21 NCAC 45 .0201, .0301, .0402, .0501, .0601, .0701, .0802, 
.0901, .1001 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



COMMERCE/ ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Collection 4 NCAC 2T .0604 



DHR/MEDICAL CARE COMMISSION 

Obstetrical Department 



10 NCAC 3C .6208 



DHR/DIVISION OF SERVICES FOR THE BLIND/COMMISSION FOR THE BLIND 

Filling of Vacancies 10 NCAC 19C .0209 

Purpose 10 NCAC 19C .0408 

Policy 10 NCAC 19C .0409 

Procedure 10 NCAC 19C .0410 

Election 10 NCAC 19C .0504 

Organization 10 NCAC 19C .0509 

Meetings 10 NCAC 19C .0510 

Functions 10 NCAC 19C .0511 



Amend 



Amend 



Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



78 



RULES REVIEW COMMISSION 



Subcommittees 

Hours of Operation 

Reports 

Set-Aside 

Distribution of Proceeds 



10 NCAC 19C .0512 Amend 

10 NCAC 19C .0602 Amend 

10 NCAC 19C .0604 Amend 

10 NCAC 19C .0702 Amend 

10 NCAC 19C .0703 Amend 



DHR/DIVISION OF MEDICAL ASSISTANCE 

Eyeglasses 

JUSTICE/ATTORNEY GENERAL/COMPANY POLICE 

Location 

Fee 

Liability Insurance 



10 NCAC 26B .0105 



12 NCAC 21 .0101 
12 NCAC 21 .0206 
12 NCAC 21 .0210 



Amend 



Amend 
Amend 
Amend 



JUSTICE/CRIMINAL JUSTICE EDUCATION & TRAINING STANDARDS COMIVHSSION 



Purpose 
Topical Areas 
Approval of Courses 
Instructor Qualifications 
Instructor Responsibilities 
Sanctions 
Filing and Fees 

DEHNTl/ENVIRONMENTAL MANAGEMENT COMMISSION 

Minimum Design Requirements 

DEHNTIAVILDLIFE RESOURCES COMMISSION 

Fishing on Gamelands 

F*ublic Mountain Trout Waters 

Inland Game Fishes 

Inland Game Fishes 

Open Seasons 

Manner of Taking 

Special Device Fishing 

Permitted Special Devices 

Instructor Certification Requirements 

DEHNR/RADIATION PROTECTION COMAUSSION 

Exemptions 



12 NCAC 9F .0101 
12 NCAC 9F .0102 
12 NCAC 9F .0103 
12 NCAC 9F .0104 
12 NCAC 9F .0105 
12 NCAC 9F .0106 
12 NCAC 9F .0107 



15A NCAC 2H .0219 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



Amend 



15A NCAC IOC 


.0004 


Amend 


15A NCAC IOC 


.0205 


Amend 


15A NCAC IOC 


.0301 


Amend 


15A NCAC IOC 


.0302 


Amend 


15A NCAC IOC 


.0305 


Amend 


15A NCAC IOC 


.0401 


Amend 


15A NCAC IOC 


.0404 


Amend 


15A NCAC IOC 


.0407 


Amend 


15A NCAC lOK 


.0003 


Adopt 



ISA NCAC 11 .0349 



Amend 



DEHNR/COiNLNUSSION FOR HEALTH SERVICES 










Procedure for Permit 


15A NCAC 


13B 


.0901 


Repeal 


Applicability 


15A NCAC 


13B 


.0902 


Repeal 


Application Requirements 


15A NCAC 


13B 


.0903 


Repeal 


Operational Requirements 


15A NCAC 


13B 


.0904 


Repeal 


Compost Classification 


15A NCAC 


13B 


.0905 


Repeal 


Requirement for Permit 


15A NCAC 


13B 


.1401 


Amend 


General Provisions 


15A NCAC 


13B 


.1402 


Amend 


General Prohibitions 


15A NCAC 


13B 


.1403 


Amend 


Siting/Design Requirements 


15A NCAC 


13B 


.1404 


Amend 


Application Requirements 


15A NCAC 


13B 


.1405 


Amend 


Operational Requirements 


15A NCAC 


13B 


.1406 


Amend 


Classification 


15A NCAC 


13B 


.1407 


Amend 


Methods for Testing 


15A NCAC 


13B 


.1408 


Amend 


Approval of Alternative Procedures 


15A NCAC 


13B 


.1409 


Amend 


Water Supplies 


15A NCAC 


18A 


.1720 


Amend 


Well Head Protection 


15A NCAC 


18A 


.1722 


Amend 



79 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



RULES REVIEW COMMISSION 



Springs 


15A NCAC ISA 


.1723 


Amend 


Water Quality 


15A NCAC ISA 


.I72S 


Amend 


Emergency Supply Systems 


15A NCAC ISA 


.1726 


Amend 


Continuous Disinfection 


ISA NCAC ISA 


.1727 


Amend 


Inspection Forms 


ISA NCAC ISA 


.ISOS 


Amend 


Disposal of Garbage 


ISA NCAC ISA 


.1814 


Amend 


Permits 


ISA NCAC ISA 


.2702 


Amend 


General 


ISA NCAC 19C 


.0601 


Amend 


Accreditation 


ISA NCAC 19C 


.0602 


Amend 


Approval of Training 


ISA NCAC 19C 


.0603 


Amend 


Asbestos 


ISA NCAC 19C 


.060S 


Amend 


Fees 


ISA NCAC 19C 


.0606 


Amend 


Asbestos Exposure 


ISA NCAC 19C 


.0607 


Amend 


Training Course 


ISA NCAC 19C 


.0608 


Amend 


Asbestos Neshap 


ISA NCAC 19C 


.0609 


Amend 


Requirements 


ISA NCAC 19C 


.0611 


Adopt 


Chemistry Quality Assurance 


ISA NCAC 20D 


.0243 


Amend 


Food/ Lodging 


ISA NCAC 25 .0213 


Amend 


DEPARTMENT OF REVENUE 










Tax Credit 


17 NCAC 6B 


.0612 


Amend 


Fiduciary Returns 


17 NCAC 68 


.3716 


Amend 


Farm Machines 


17 NCAC 7B 


.1101 


Amend 


Animal Clippers 


17 NCAC 7B 


.IIOS 


Amend 


Egg Cooling Cabinets 


17 NCAC 7B 


.1108 


Amend 


Feed Mills 


17 NCAC 7B 


.1109 


Amend 


Cooling Fans 


17 NCAC 7B 


.1110 


Amend 


Silo Unloaders 


17 NCAC 7B 


.1112 


Amend 


Scales 


17 NCAC 7B 


.1114 


Amend 


Certain Sales 


17 NCAC 7B 


.1123 


Amend 


Refunds 


17 NCAC 7B 


.1602 


Amend 


Governmental Sales 


17 NCAC 7B 


.1701 


Amend 


Refunds to Counties 


17 NCAC 7B 


.1702 


Amend 


Refunds to Hospitals 


17 NCAC 7B 


.1802 


Amend 


Sales to Veterinarians 


17 NCAC 7B 


.2401 


Amend 


Use Tax 


17 NCAC 7B 


.2601 


Repeal 


Fertilizer and Seeds 


17 NCAC 7B 


.4002 


Amend 


Insecticides 


17 NCAC 7B 


.4004 


Amend 


Bread Used for Feed 


17 NCAC 7B 


.4008 


Amend 


Refunds to Interstate Carriers 


17 NCAC 7B 


.4301 


Amend 


Leases 


17 NCAC 7B 


.4408 


Amend 


Shipments 


17 NCAC 7B 


.4902 


Amend 



SECRETARY OF STATE/BOXING CONUVUSSION 

Toughman 

NC ACUPUNCTURE LICENSING BOARD 

Initiation of Formal Hearings 
Procedure of Revocation 



NC MEDICAL BOARD 



Authority 

Definitions 

Advanced Life Support 

Approval Requirements 

Hospital Involvement 

Plan for Participating Hospitals 



18 NCAC 9 .0117 



Adopt 



21 NCAC 1 .070S 


Adopt 


21 NCAC 1 .0709 


Adopt 


21 NCAC 32H .0101 


Amend 


21 NCAC 32H .0102 


Amend 


21 NCAC 32H .0201 


Amend 


21 NCAC 32H .0203 


Amend 


21 NCAC 32H .0301 


Amend 


21 NCAC 32H .0302 


Amend 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



80 



RULES REVIEW COMMISSION 



Sponsor Hospital 


21 NCAC 32H .0303 


Amend 


Educational Programs 


21 NCAC 32H .0401 


Amend 


EMT-Paramedic Performance 


21 NCAC 32H .0402 


Amend 


EMT-Intermediate Performance 


21 NCAC 32H .0403 


Amend 


Mobile Intensive Care 


21 NCAC 32H .0404 


Amend 


EMT-Advanced 


21 NCAC 32H .0406 


Amend 


EMT-Defibrillation Performance 


21 NCAC 32H .0407 


Amend 


Emergency Medical Dispatcher 


21 NCAC 32H .0408 


Amend 


Medical Direction Assistant 


21 NCAC 32H .0409 


Adopt 


Certification Requirements 


21 NCAC 32H .0501 


Amend 


Certification Requirements 


21 NCAC 32H .0502 


Amend 


Certification Requirements 


21 NCAC 32H .0504 


Amend 


Certification Requirements 


21 NCAC 32H .0505 


Amend 


Certification Requirements 


21 NCAC 32H .0506 


Amend 


Approval Requirements 


21 NCAC 32H .0507 


Adopt 


Grounds for Denial 


21 NCAC 32H .0601 


Amend 


Procedures for Denial 


21 NCAC 32H .0602 


Amend 


Conditions 


21 NCAC 32H .0701 


Amend 


Amendment 


21 NCAC 32H .0702 


Amend 


Required Forms 


21 NCAC 32H .0801 


Amend 


Conditions 


21 NCAC 32H .0901 


Amend 


Study Project Approval 


21 NCAC 32H .0902 


Amend 


NC PSYCHOLOGY BOARD 








Practice 


21 NCAC 54 


.1604 


Repeal 


Ethical Violations 


21 NCAC 54 


.1608 


Amend 


Review Procedure 


21 NCAC 54 


.1704 


Amend 


Practicing Psychologist 


21 NCAC 54 


.1801 


Repeal 


Failure to Appear 


21 NCAC 54 


.1904 


Amend 


License Renewal Form 


21 NCAC 54 


.2101 


Amend 


Reinstatement 


21 NCAC 54 


.2103 


Amend 


Suspension 


21 NCAC 54 


.2204 


Repeal 


HSP-P Requirements 


21 NCAC 54 


.2704 


Amend 


HSP-PA Requirements 


21 NCAC 54 


.2706 


Amend 


NC VETERINARY MEDICAL BOARD 








Authority 


21 NCAC 66 


.0101 


Amend 


Applicability of Board Rules 


21 NCAC 66 


.0105 


Amend 


Current Information 


21 NCAC 66 


.0106 


Amend 


Fees 


21 NCAC 66 


.0108 


Amend 


Forms of Practice 


21 NCAC 66 


.0201 


Amend 


Name of Practice 


21 NCAC 66 


.0202 


Amend 


License Required to Practice 


21 NCAC 66 


.0203 


Amend 


Discipline of Licensees 


21 NCAC 66 


.0205 


Amend 


Minimum Standards 


21 NCAC 66 


.0206 


Amend 


Minimum Facility 


21 NCAC 66 


.0207 


Amend 


Facilities Prov. Limited Services 


21 NCAC 66 


.0208 


Amend 


Limited Liability Companies 


21 NCAC 66 


.0209 


Adopt 


Registered Limited Liability 


21 NCAC 66 


.0210 


Adopt 


Application and Examination 


21 NCAC 66 


.0301 


Amend 


Special Registration 


21 NCAC 66 


.0303 


Amend 


Discipline of Vet. Technicians 


21 NCAC 66 


.0304 


Amend 


Temporary Permits 


21 NCAC 66 


.0305 


Amend 


License without Examination 


21 NCAC 66 


.0306 


Amend 


Revocation 


21 NCAC 66 


.0307 


Amend 


Reinstatement 


21 NCAC 66 


.0308 


Amend 


Pending Complaint 


21 NCAC 66 


0310 


Adopt 



81 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



RULES REVIEW COMMISSION 



Limited Veterinary License 


21 NCAC 66 


.0311 


Adopt 




Committee on Investigations 


21 NCAC 66 


.0601 


Amend 




Who Shall Hear Contested Cases 


21 NCAC 66 


.0606 


Amend 




Subpoenas 


21 NCAC 66 


.0703 


Amend 




NC SUBSTANCE ABUSE PROFESSIONALS CERTIUCATION BOARD 








Definitions 


21 NCAC 68 


.0101 


Adopt 




Board Mailing Address 


21 NCAC 68 


.0102 


Adopt 




Application for Registration 


21 NCAC 68 


.0201 


Adopt 




Registration Process 


21 NCAC 68 


.0202 


Adopt 




Certification as Counselor Intern 


21 NCAC 68 


.0203 


Adopt 




Supervised Practical Training 


21 NCAC 68 


.0204 


Adopt 




Certified Counselor Certification 


21 NCAC 68 


.0205 


Adopt 




Certification Period 


21 NCAC 68 


.0206 


Adopt 




Continuing Education 


21 NCAC 68 


.0207 


Adopt 




Reciprocity 


21 NCAC 68 


.0208 


Adopt 




Conversion 


21 NCAC 68 


.0209 


Adopt 




Process for Prevention Consultant 


21 NCAC 68 


.0210 


Adopt 




Process for Clinical Supervisor 


21 NCAC 68 


.0211 


Adopt 




Process for Residential Facility Director 


21 NCAC 68 


.0212 


Adopt 




Continuing Education Approval Policy 


21 NCAC 68 


.0213 


Adopt 




Educational Approval Policy 


21 NCAC 68 


.0401 


Adopt 




General Guidelines 


21 NCAC 68 


.0402 


Adopt 




Employer Inservice Event 


21 NCAC 68 


.0403 


Adopt 




Credit Denial or Limitation 


21 NCAC 68 


.0404 


Adopt 




Sponsor Guidelines 


21 NCAC 68 


.0405 


Adopt 




Procedures for Approval 


21 NCAC 68 


.0406 


Adopt 




Applicant Guidelines 


21 NCAC 68 


.0407 


Adopt 




Hearing Before Board 


21 NCAC 68 


.0701 


Adopt 




Right to Hearing 


21 NCAC 68 


.0702 


Adopt 




Request for Hearing 


21 NCAC 68 


.0703 


Adopt 




Hearing Requests 


21 NCAC 68 


.0704 


Adopt 




Notice of Hearing 


21 NCAC 68 


.0705 


Adopt 




Who Shall Hear Contested Cases 


21 NCAC 68 


.0706 


Adopt 




Petition for Intervention 


21 NCAC 68 


.0707 


Adopt 




Types of Intervention 


21 NCAC 68 


.0708 


Adopt 




Disqualification of Board Member 


21 NCAC 68 


.0709 


Adopt 





RULES REVIEW OBJECTIONS 



AGRICULTURE 



Pesticide Board 

2 NCAC 9L . 1806 - Crop Advisor Expemption 
Agency Revised Rule 

AUCTIONEERS COMMISSION 

21 NCAC 4B .0202 - Filing and Fees 

Agency Revised Rule 
21 NCAC 4B .0403 - Apprentice Auctioneer License 

Agency Revised Rule 
21 NCAC 4B .0602 - Advertising 

Agency Revised Rule 



RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



82 



RULES REVIEW COMMISSION 



Coastal Resources Commission 

15A NCAC 7H .0208 - Use Standards 
Agency Re\'ised Rule 

Wildlife Resources Commission 

15A NCAC lOK .0001 - Course Requirements 

Agency Revised Rule 
15A NCAC lOK .0003 - Instruaor Certification Requirements 

Rule Withdrawn by Agency 

FEE-BASED PRACTICING PASTORAL COUNSELORS 

21 NCAC 45 .0201 - Information Required 

No Response fi-om Agency 
21 NCAC 45 .0301 - Types 

No Response fi-om Agency 
21 NCAC 45 .0402 - Second Notice 

No Response fiom Agency 
21 NCAC 45 .0501 - Continuing Education Requirements 

No Response fiom Agency 
21 NCAC 45 .0601 - Equivalency 

No Response fiom Agency 
21 NCAC 45 .0701 - Issuance of Temporary Certificate 

No Response fiom Agency 
21 NCAC 45 .0802 - Types of Supervision 

Agency Revised Rule 

No Response fiom Agency 
21 NCAC 45 .0901 - Requirements for Individual Psychotherapy Experience 

Agency Revised Rule 

No Response fiom Agency 
21 NCAC 45 .1001 - Code of Ethics 

No Response fiom Agency 

HEARING AID DEALERS AND FriTERS BOARD 

21 NCAC 22L .0001 - Committee on Investigations 
RRC Re\'iewed Rule 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Cont'd 



RRC Objeaion 
Obj. Removed 



RRC Objection 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
Obj. Cont'd 
RRC Objeaion 
Obj. Cont'd 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 



Extended Review 
RRC Objeaion 
Obj. Removed 



03/21/96 
03/21/96 



03/21/96 
03/21/96 

03/21/96 



02/15/96 
03/21/96 
02/15/96 
03/21/96 
02/15/96 
03/21/96 
02/15/96 
03/21/96 
02/15/96 
03/21/96 
02/15/96 
03/21/96 
02/15/96 
02/15/96 
03/21/96 
02/15/96 
02/15/96 
03/21/96 
02/15/96 
03/21/96 



01/18/96 
02/15/96 
03/21/96 



Medical Care Commission 

10 NCAC 3C .5401 - Definitions RRC Objeaion 01/18/96 

Agency Responded Obj. Cont'd 02/15/96 

Rule Returned to Agency Obj. Cont'd 03/21/96 

10 NCAC 3C .5402 - Physician Re q for Inpatient Rehabilitation Facilities or Units RRC Objeaion 01/18/96 

Agency Responded Obj. Cont'd 02/15/96 

Rule Returned to Agency Obj. Cont'd 03/21/96 

10 NCAC 3C .5407 - Comprehensive Rehabilitation Personnel Administration RRC Objection 01/18/96 

Agency Responded Obj. Cont 'd 02/15/96 

Rule Returned to Agency Obj. Cont'd 03/21/96 

10 NCAC 3C .5408 - Comprehensive Inpatient Rehabilitation Program Staffing Req. RRC Objeaion 01/18/96 

Agency Responded Obj. Cont'd 02/15/96 

Rule Returned to Agency Obj. Cont'd 03/21/96 

10 NCAC 3C .5409 - Stajf Training for Inpatient Rehabilitation Facilities or Unit RRC Objection 01/18/96 

Agency Responded Obj. Cont'd 02/15/96 

Rule Returned to Agency Obj. Cont'd 03/21/96 



83 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



RULES REVIEW COMMISSION 



10 NCAC 3C .5412 - Additional Requirements for Traumatic Brain Injury Patients 

Agency Responded 

Rule Returned to Agency 
10 NCAC 3C .5413 - Additional Requirements for Spinal Cord Injury Patients 

Agency Responded 

Rule Returned to Agency 

Commission for Mental Health, Developmental Disabilities and Substance Abuse Services 

10 NCAC 15 A .0100 and .0200 
Rules Withdrawn by Agency 

Social Services Commission 

10 NCAC 39D .0304 - Alternative Work Experience 

Agency Responded 
10 NCAC 46D .0106 - Allocation 

Rule Withdrawn by Agency 
10 NCAC 46D .0107 - Reimbursement 

Rule Withdrawn by Agency 
10 NCAC 46D .0202 - Review Criteria for Start-Up Funds 

Rule Withdrawn by Agency 



RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


Obj. Cont'd 


03/21/96 


RRC Objeaion 


01/18/96 


Obj. Cont'd 


02/15/96 


Obj. Cont'd 


03/21/96 




03/21/96 


Extended Review 


01/18/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


03/21/96 



INSURANCE 



Agent Services Division 

11 NCAC 6A .0904 - Regulatory Matters 
Agency Revised Rule 

Consumer Services Division 

11 NCAC 4 .0502 - Assumed Expenses and Current Scale 

Agency Revised Rule 
11 NCAC 4 .0505 - Standards for Basic Illustrations 

Agency Revised Rule 
11 NCAC 4 .0506 - Standards for Supplemental Illustrations 

Agency Revised Rule 
11 NCAC 4 .0509 - Annual Certifications 

Agency Revised Rule 



RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 



JUSTICE 



Private Protective Services 

12 NCAC 7D .0808 - Concealed Weapons 

MARITAL AND FAMILY THERAPY CERTIFICATION BOARD 

21 NCAC 31 .0102 - Address 

No Response from Agency 
21 NCAC 31 .0104 -Fees 

No Response from Agency 
21 NCAC 31 .0304 - Subsequent Reexaminations 

No Response from Agency 
21 NCAC 31 .0502 - Approved Supervision 

No Response from Agency 



RRC Objection 


03/21/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


03/21/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


03/21/96 



MEDICAL BOARD 



21 NCAC 32H .0506 - Certification Requirements: Emergency Medical Dispatcher 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



84 



RULES REVIEW COMMISSION 



Rule Returned to Agency 

RRC Rescinds 12/25/95 Approval for Failure to Provide Notice on the Amendment 02/15/96 

21 NCAC 32N .0002 - Continuances RRC Objection 08/10/95 

Agency Responded - Agency Will Not Revise Rule Obj. Cont'd 09/21/95 

Rule Returned to Agency for Failure to Comply With Administrative Procedures Act Obj. Cont 'd 01/18/96 



NURSING 



21 NCAC 36 .0228 - Clinical Nurse Specialist Practice 
Agency Revised Rule 

NURSING HOME ADMINISTRATORS 

21 NCAC 37C .0101 - Petitions for Adoption of Rules 

Agency Revised Rule 
21 NCAC 37C .0102 - Procedure for Adoption of Rules 

Agency Revised Rule 
21 NCAC 37D .0412 - Initial On-the-Job Training 

Agency Revised Rule 
21 NCAC 37F .0101 - Prerequisites for Temporary Licensure 

Agency Revised Rule 
21 NCAC 371 .0101 - Investigation: Discipline: and Contested Case Proceedings 

Agency Revised Rule 



RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 



PUBLIC EDUCATION 



State Board of Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 



RRC Objection 



03/21/96 



SECRETARY OF STATE 



Boxing Commission 

18 NCAC 9 .0101 - Purpose, Applicability and Scope of the Rules 

Agency Revised Rule 
18 NCAC 9 .0103 - North Carolina State Boxing Commission 

Agency Revised Rule 
18 NCAC 9 .0104 - Condua of Boxing Matches 

Agency Rev^rote Rule as 18 NCAC 9 .0104 through .0109 
18 NCAC 9 .0106 - Licensing Requirements and Duties of Licensees 

Agency Revised Rule and Recodified to 18 NCAC 9 .0111 
18 NCAC 9 .0107 - Contracts and Financial Arrangements 

Agency Revised Rule and Recodified to 18 NCAC 9 .0112 
18 NCAC 9 .0108 - Kickboxing 

Agency Rewrote Rule as 18 NCAC 9 .0113 through .0116 



RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objeaion 


03/21/96 


Obj. Removed 


03/21/96 



VETERINARY MEDICAL BOARD 



21 NCAC 66 

Rules Withdrawn by Agency 



03/21/96 



85 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



CONTESTED CASE DECISIONS 



Ihis Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Commission v. Tremik, Inc. 

Andrew Parker v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 

Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 

Alcoholic Beverage Control Commission v. Donald Ray Doak 

CRIME CONTROL AND PUBLIC SAFETY 

Helen B. Hunler-Reid v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 
Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Coastal Resources 

J. E. Smith Construction Co. v. Division of Coastal Management 

Land Resources 

K&G Properties, Inc. v. EHNR, Division of Land Resources 

Marine Fisheries 

Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 

WIC Program 

Lazclle Marks v. EHNR, Division of Maternal and Child Health 

Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog., EHNR 



95 ABC 0925 


Morriosn 


03/25/96 


95 ABC 1402 


Phipps 


03/27/96 


95 ABC 1443 


West 


03/26/96 


95 ABC 1444 


Gray 


03/13/96 


95 ABC 1488 


West 


03/29/96 



95 CPS 1336 


Nesnow Smith 


03/29/96 


95 CPS 1445 


Chess 


03/26/96 


96 CPS 0118 


Chess 


03/19/96 



96 EHR 0074 



95 EHR 1078 



95 EHR 0320 

96 EHR 0003 



95 EHR 0870 

96 EHR 0164 



HUMAN RESOURCES 

Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sei. 95 DHR 1410 

Division of Child Development 

Mary T. Hill v. DHR, Division of Child Development 

Division of Facility Services 

Eloisc Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Group Care Licensure Section 
Alex L. McCall v, DHR, Div/Facility Svcs, Group Care Licensure Sec. 95 DHR 1456 



Nesnow Smith 



Nesnow Smith 



Chess 
Reilly 



West 
Phipps 



Phipps 



95 DHR 1192 Phipps 



Phipps 



Nesnow Smith 



02/23/96 



03/25/96 



03/29/96 
03/06/96 



03/27/96 
03/19/96 



03/28/96 



03/27/96 



03/07/96 



03/26/96 



11:02 NCR 93 



95 EHR 1198*" 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199*" 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



86 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Rozena Chambliss v. Dqjartmcnt of Human Resources 95 DHR 1044 

Addie & Major Short v. Department of Human Resources 95 DHR 1063 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 95 DHR 1072 

William G. Fisher v. DHR, Div. of Social Services, Prog Integrity Branch 95 DHR 1234 



ChiU Support Enforcement Section 

Richard R. Fox, Sr. v. Department of Human Resources 

Joselito D. Pilar v. Department of Human Resources 

David Lee Grady v. Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Peter Robert Kovolsky v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Mickey Turner v. Departmem of Human Resources 

James Joseph Gallagher v. Department of Human Resources 

James Thomas McRae v. Department of Human Resources 

David J. Moseley v. Department of Human Resources 

Derrick L. Conyers v. Department of Human Resources 

Charles Edward Smith v. Department of Human Resources 

James Curtis Witwer v. Department of Human Resources 

Thomell Bowdcn v. Department of Human Resources 

Henry S. Sada v. Department of Human Resources 

Charles F. Moore v. Department of Human Resources 

Daniel Leslie Baker v. Department of Human Resources 

John L. Pike v. Department of Human Resources 

Wm. R. Evans v. Department of Human Resources 

Rory J. Curry v. Department of Human Resources 

Marcus Anthony Butts v. Department of Human Resources 

Cynthia Pinder v. Department of Human Resources 

Ramon Domenech v. Department of Human Resources 

Dennis L. McNeill v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy A. Ratley (Jeanes) v. Department of Human Resources 

Wilbur Dewayne Bault v. Department of Human Resources 

Ronald D. Johnson v. Department of Human Resources 

John W. Scott v. Department of Human Resources 

Laura Heidorf v. Department of Human Resources, Child Support Enf. 

INSURANCE 



Nesnow Smith 
Morrison 
PhippB 
Morrison 



03/12/96 
03/19/96 
03/15/96 
03/19/96 



95 CSE 1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Nesnow Smith 


03/05/96 


95 CSE 


1230 


Becton 


03/11/96 


95 CSE 


1267 


Morrison 


03/29/96 


95 CSE 


1270 


Nesnow Smith 


03/15/96 


95 CSE 


1273 


Phippe 


04/01/96 


95 CSE 


1278 


Nesnow Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


Reilly 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1331 


Becton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1367 


Nesnow Smith 


03/21/96 


95 CSE 


1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 1376 


Nesnow Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 


1380 


Maim 


03/15/96 


95 CSE 1405 


Nesnow Smith 


03/27/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 1408 


Phipps 


03/11/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1437 


Phipps 


04/01/96 


95 CSE 1465 


Morrison 


03/26/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0084 


Nesnow Smith 


03/27/96 


96 CSE 0130 


Mann 


03/15/96 


96 DCS 0065 


Reilly 


03/22/96 



Nadia A. Hakim v. Dq^artment of Insurance 
JUSTICE 



95 INS 1422 



Nesnow Smith 



03/26/96 



E^iucadon and Training Standards Division 

Freddie Levem Thompson v. Criml. Justice Ed. & Training Slds. Comm. 
Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 
Rick M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 
Gregory Lee Daughtridge v. Sheriffs' Ed. &. Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. &. Training Slds. Comm. 
Ken Montie Oxendine v. Criminal Justice Ed. & Training Stds. Comm. 
David Kent Knight v. SherilTs' Ed. & Training Slds. Comm. 

Private Protective Services Board 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1235 


Chess 


03/25/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0115 


West 


03/28/96 



William F. Combs v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Lavem K. Suggs v. NC Board of Education 



96 DOJ 0022 



95 EDC 0383 



West 



Nesnow Smith 



03/22/96 



03/13/96 



11:01 NCR 50 



87 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



STATE PERSONNEL 
Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 

Appalachian State University 

Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 

Caldwell County 

Blake C. Pace v. Caldwell County 96 OSP 0047 

Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 OSP 1046 

Department of Human Resources 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cty DSS, Alamance 96 OSP 0112 
Cty DSS, Alamance County, and DHR 

Caswell Center 

Ramona C. Jenkins v. Department of Human Resources, Caswell Center 89 OSP 0411 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 91 OSP 0522 
Franklin D. Sutton v. Department of Human Resources, Caswell Center 94 OSP 0766 

Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 
Pearlie M. Simuel-Johnson v. Department of Transportation 
Melvin Duncan v. Department of Transportation 

Tri'County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of North Carolina 

Jerel H. Bonner v School of Nursing UNC at Chapel Hill 



95 OSP 0968 



95 OSP 1035 



Nesnow Smith 



West 
West 



Morrison 



Gray 



Gray 



Morrison 



Nesnow Smith 



95 OSP 1100 



96 OSP 0026 



Nesnow Smith 



Gray 



03/15/96 



03/13/96 
03/07/96 



04/01/96 



03/12/96 



03/13/96 



Bccton 


03/26/96 






Becton 


03/26/96 


11:02 NCR 


89 


Nesnow Smith 


03/21/96 







03/14/96 



03/01/96 



94 OSP 0589»' 


Gray 


03/01/96 


95 OSP 0837*' 


Gray 


03/01/96 


95 OSP 1462 


Morrison 


03/08/96 



03/22/96 



03/12/96 



11:01 NCR 58 



11:01 NCR 61 



* Consolidated cases. 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



88 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLE^JA 
COUNTY OF LENOIR 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

91 OSP 0522 



RAMONA C. JENKINS, 
Petitioner, 



V. 



NORTH CAROLINA DEPARTMENT OF HUMAN 
RESOURCES, CASWELL CENTER 
Respondent. 




This matter is before the undersigned administrative law judge upon motion of the Respondent, pursuant to Rule 
56 of the North Carolina Rules of Civil Procedure, for an order granting summary judgment in its favor on the grounds that 
there are no material issues of fact and, therefore, the Respondent is entitled to judgment as a matter of law. 

APPEARANCES 



For Petitioner: 



For Respondent: 



HARRISON & SIMPSON, Attorneys at Law, Kinston, North Carolina; Fred W. 
Harrison appearing. 

John R. Come, Special Deputy Attorney General, N.C. Department of Justice, Raleigh, 
North Carolina. 



STATEMENT OF THE CASE 

On August 8, 1990, the Petitioner was issued a dismissal letter by Irene Hitchcock, the Acting Mental Retardation 
Unit Director at the Respondent's Caswell Center in Kinston, North Carolina, following a pre-disciplinary conference held 
on July 31, 1990. Respondent's Exhibit 1. 

On August 10, 1990, pursuant to the Respondent's grievance policy, the Petitioner filed a Step 2 appeal from her 
dismissal. Respondent's Exhibit 2. On August 21, 1990, Jim Woodall, the director of the Caswell Center, denied the 
Petitioner's appeal. Respondent's Exhibit 3. 

On September 5, 1990, pursuant to the Respondent's grievance policy, the Petitioner filed a Step 3 appeal. 
Respondent's Exhibit 4. 

On September 12, 1990, the Petitioner filed an EEOC Charge of Discrimination #14B900064 alleging, among other 
things, that she was dismissed from the Caswell Center by letter dated August 8, 1990, in retaliation for filing a previous 
charge of discrimination (EEOC Charge #141890055). Respondent's Exhibit 5. On September 21, 1990, the Equal 
Employment Opportunity Commission ("EEOC") deferred the Petitioner's Charge of Discrimination to the Civil Rights 
Division of the North Carolina Office of Administrative Hearings ("OAH-CRD"). 
Respondent's Exhibit 6. 

On September 24, 1990, Susan B. Hutchins, the Respondent's Director of Personnel Management Services, returned 
the Petitioner's Step 3 appeal to the Caswell Center without action because it was felt that the dismissal letter lacked the 
specificity of notice required by law. Ms. Hutchins concluded that the Petitioner was entitled to reinstatement with back pay 
from the date of her dismissal (August 8, 1990) until such time as she received a dismissal letter which described her acts 
or omissions with sufficient particularity that she wUl know precisely what acts or omissions were the basis for her dismissal. 
Respondent's Exhibit 7. 

On October 9, 1990, the Petitioner was given another letter of dismissal in which she was specifically informed of 
the bases for her dismissal. This letter included an additional incident that allegedly occurred after the Petitioner's July 31, 
1990 predismissal conference. It was alleged that the Petitioner left a resident alone in Birchwood B on August 2, 1990. 



89 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



CONTESTED CASE DECISIONS 



Respondent's Exhibit 8. On June 4, 1991, the Petitioner's dismissal was upheld by the Secretary David T. Flaherty. 
Respondent's Exhibit 11. 

On June 11, 1995, the Petitioner filed a Petition For A Contested Case Hearing with the Office of Administrative 
Hearings ("OAH") pursuant to Chapter 126 of the North Carolina General Statutes challenging her dismissal on the grounds 
of retaUation and discrimination based upon race, sex, age, and religion. Respondent's Exhibit 12. The Respondent moved 
for a stay pending the resolution of the Petitioner's EEOC Charge. An order staying the contested case hearing was filed 
on November 25, 1991. 

OAH-CRD concluded its investigation of the federal employment discrimination deferral charges and issued a Notice 
of Determination on September 16, 1993. OAH-CRD's Notice of Determination specifically concluded that: (1) 
"Examination of the record of evidence indicates that there is no reasonable cause to believe that these allegations [denial 
of transfer based on the Charging Party's sex and retaliation for filing a previous charge of discrimination (EEOC Charge 
#14890055, 10/27/88)] are true regarding the transfer issue" and (2) "That there is reasonable cause to believe that 
Respondent [DHR] has engaged in an unlawful employment practice [dismissing Petitioner in retaliation for filing a previous 
EEOC charge]." Respondent's Exhibit 13. 

OAH-CRD terminated concihation of the charges of unlawful employment practices under Title VII by letter dated 
October 7, 1993. Respondent's Exhibit 14. The Petitioner was informed of her right to obtain a right-to-sue letter and bring 
this action in federal court. The Petitioner, however, elected to file another Petition in OAH on November 24, 1993 (90 
EEO 0911). Respondent's Exhibit 15. 

Upon motion of the Respondent, the Petitioner's 90 EEO 0911 claim was removed to the United States District 
Court for the Eastern District of North Carolina where the case was given the docket nimiber 93-787-CIV-5-D. Respondent's 
Exhibit 15. The Respondent then filed a motion for summary judgment in federal district court to which the Petitioner failed 
to respond. 

On November 14, 1995, United States District Court Judge F.T. Dupree, Jr. entered Judgment ordering that the 
Respondent's motion for summary judgment be granted and the action dismissed. The issues litigated in 93-787-CIV-5 were 
the Petitioner's denial of transfer and alleged retaliatory discharge. The issues litigated included whether DHR had a 
legitimate non-discriminatory reason for dismissing the Petitioner. 

On December 15, 1995, the Resjx)ndent filed its motion for summary judgement in this administrative proceeding 
alleging, among other things, that the doctrines oi res judicata and collateral estoppel barred the Petitioner's claim. On 
Januaiy 3, 1996, the Petitioner responded to the Respondent's motion alleging, among other things, that "Summary Judgment 
was granted by failure of Petitioner to respond to discovery and no issues were litigated." 

CONCLUSIONS OF LAW 

"Under the doctrine of res judicata, a final judgement on the merits in a prior action in a court of competent 
jurisdiction precludes a second suit involving the same claim between the same parties or those in privity with them. Thomas 
M. Mclnnis & Assoc, Inc. V. Hall, 318 N.C. 421, 428, 349 S.E.2d 552, 556 (1986)." Bockweg v. Anderson, 333 N.C. 
486, 491, 428 S.E.2d 157 (1993). 

Collateral estoppel precludes relitigation of an issue actually litigated and necessary to the outcome of a prior 
action. See King v. N.C. Dept. of Transportation , N.C. App. , S.E.2d (March 5, 1996). 

The companion doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion) have been 
developed by the courts for the dual purposes of protecting Utigants from the burden of relitigating previously decided matters 
and promoting judicial economy by preventing needless litigation. See Parklane Hosiery Co. V. Shore, 439 U.S. 322, 58 
L. Ed. 2 d. 552 (1979); see also Mclnnis, supra. Both doctrines involve a form of estoppel by judgment. Where the second 
action between two parties is upon the same claim, the prior judgment serves as a bar to the relitigation of all matters that 
were or should have been adjudicated in the prior action. Mclnnis, 318 N.C. at 428, 349 S.E.2d at 556; see also Cromwell 
V. County of Sac, 94 U.S. 351, 352-53, 24 L. Ed. 195, 197-98 (1877). Where the second action between the same parties 
is upon a different claim, the prior judgment serves as a bar only as to issues actually Utigated and determined in the original 
action. Mclnnis, 318 N.C. at 429, 349 S.E.2d at 557; Bockweg v. Anderson, 333 N.C. 486, 491-492, 428 S.E.2d 157 
(1993). 



11:2 NORTH CAROLINA REGISTER April 15, 1996 90 



CONTESTED CASE DECISIONS 



A. Retaliatory Discharge Claim (Res Judicata) 

The Petitioner's retaliatory discharge claims in Jenkins v. DHR, 93-787-CIV-5-D (1993) and Jenkins v. DHR 
(Caswell Center), 91 OSP 0522 are exactly the same since they arise out of the same facts and circumstances. There is no 
dispute that the parties in 93-787-CIV-5-D and 91 OSP 0522 are the same. The federal district court entered judgment in 
DHR's favor concluding that the Petitioner's dismissal was not retaUatory. Therefore, DHR is entitled to summary judgment 
and dismissal of the Petitioner's retaliatory discharge claim because it is the same claim and is precluded by the doctrine of 
res judicata (claim preclusion). 

B. Petitioner's Discrimination Claims (Res Judicata) 

Title Vn of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-l et seq. prohibits discharge based on, 
among other things, race, sex, age, and religion. 42 U.S.C. § 2000e-2. Title Vn also prohibits discharge based on 
retaliation. 42 U.S.C. § 2000e-3. The Petitioner could have included her allegations of race, age, and religious 
discrimination in her Title VII Charge of Discrimination. 

North Carolina General Statutes section 126-36 (1977) provides: 

Any State employee or former State employee who has reason to believe that employ- 
ment, promotion, training, or transfer was denied him or that demotion, layoff or 
termination of employment was forced upon him in retaliation for opposition to alleged 
discrimination or because of his age, sex, race, color, national origin, religion, creed, 
poUtical affiliation, or handicapped [handicapping] condition as defined by G.S. 168A-3 
except where specific age, sex or physical requirements constitute a bona fide 
occupational quaUfication necessary to proper and efficient administration, shall have the 
right to appeal directly to the State Personnel Commission. 

In Dept. of Correction v. Gibson. 308 N.C. 131, 141, 301 S.E.2d 377 (1983), the North Carolina Supreme 
Court held: 

The ultimate purpose of G.S. §126 . . and Title VTI ... is the same; that is, the 
elimination of discriminatory practices in employment. We find the principles of law and 
the standards set forth above as applied to Title VII are sound and properly focus the 
inquiry upon the ultimate issue of whether the employee was the victim of intentional 
discrimination. We therefore adopt the evidentiary standards and principles of law above 
set forth [(threshold requirement of petitioner to establish a prima facie case, respondent's 
proffer of a legitimate non-discriminatory reason, and petitioner's ultimate burden to 
prove intentional discrimination)] .... 

"The plea of res judicata applies, except in special cases, not only to the points upon which the court was required 
by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject in 
litigation and which the parties exercising reasonable diligence, might have brought forward at the time and determined 
respecting it. In re Trucking Co., 285 N.C. 552, 560, 206 S.E.2d 172, 178 (1974) (citations omitted) (emphasis added)." 
Edwards v. Edwards, 118 N.C. App. 464, 472, 456 S.E.2d 126 (1995). 

The Petitioner was required to exercise due diligence and raise her race, sex, age, and religion claims together with 
her retaliatory discharge claim under Title VII. Such claims should have been brought with the Petitioner's sex 
discrimination and retaliation claims. The federal court has entered judgment against the Petitioner on the sex discrimination 
and retaliation allegations. Therefore, based upon the doctrine of res judicata. DHR is entitled to summary judgment and 
dismissal of the Petitioner's discrimination claims since those claims involve issues which "properly belonged to the subject 
in litigation and which the parties exercising reasonable diligence, might have brought forward at the time and determined 
respecting it.'" Painter v. Board of Education. 288 N.C. 165, 173, 217 S.E.2d 650, 655 (1975) (quoting Gibbis v. Higgins, 
215 N.C. 201, 204-05, 1 S.E.2d 554,557 (1939)). 

C. Petitioner's Discrimination Claims (Collateral Estoppel) 

Each of the Petitioner's discrimination claims requires proof of the following issues: (1) the Petitioner must establish 



91 NORTH CAROLINA REGISTER April 15, 1996 11:2 



CONTESTED CASE DECISIONS 



a prima facie case; (2) then DHR must establish a legitimate non-discriminatory reason for the Petitioner's dismissal; (3) 
the Petitioner must then prove that DHR's stated legitimate reason was pretextual. St. Mary's Honor Center v. Hicks, 113 
S.Ct. at 2742 (1993). Proving pretext merges with the ultimate burden of persuasion. Texas Dep't of Community Aff. v. 
Burdine, 450 U.S. 248, 67 L. Ed. 2d.. 207, 101 S. Ct. 1089 (1981). 

The Petitioner may meet her burden via direct or circumstantial evidence. Id. The issue is discriminatory firing; 
therefore, the Petitioner must show, by a preponderance of the evidence, that discrimination motivated her firing. Hicks, 113 
S. Ct. At 2754. The Petitioner must show that race, sex, age, or religion probably, not merely possibly, was a determining 
factor in the Respondent's decision to terminate her employment. Lovelace v. Sherwin-Williams Co. , 681 F.2d 230 (4th Cir. 
1982); Henson v. Liggett Group, 61 F.3d 270 (4th Cir. 1995). 

The federal district cowri'm Jenkins v. DHR, 93-783-CIV-5-D (1993) concluded that "Defendant's (DHR's) decision 
to dismiss plaintiff [Petitioner] was justified by unrebutted legitimate non-discriminatory reasons." Id. at 8. The issues of 
whether a legitimate non-discriminatory reason was established and whether the Petitioner carried her burden to prove 
intentional discrimination were actually litigated and determined by the federal district court in 93-787-CIV-5-D in favor of 
DHR. Since the parties are the same, the doctrine of collateral estoppel precludes the relitigation of these issues when each 
of these issues are dispositive of the Petitioner's race, sex, age, and religious discrimination and retaliation claims which were 
decided against her in federal court. 

The Respondent is entitled to summaiy judgment, as a matter of law, with respect to the Petitioner's discrimination 
claims based upon the doctrine of collateral estoppel. 

RECOMMENDED DECISION 

The undersigned determines that the Respondent is entitled to summary judgment on the grounds that the Petitioner's 
retaliation claim and discrimination claims are barred by the doctrines of res judicata (claim preclusion) and collateral 
estoppel (issue preclusion). 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 
150B-36(b). 

NOTICE 

The State Personnel Commission wiU make the Final Decision in this contested case. Before the agency makes the 
FINAL DECISION, it is required by North Carolina General Statutes section 150B-36(a) to give each party an opportunity 
to file exceptions to this RECOMMENDED DECISION, and to present written arguments to those in the agency who will 
make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision 
on all parties and to furnish a copy to the Parties' attorney of record. 

This the 26th day of March, 1996. 



Brenda B. Becton 
Administrative Law Judge 



11:2 NORTH CAROLINA REGISTER April 15, 1996 92 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF GREENE 



EV THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 CPS 1336 



HELEN B. HUNTER-REH) 
Petitioner, 



THE NORTH CAROLINA CRIME VICTIMS 
COMPENSATION COMMISSION 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before Administrative Law Judge Dolores O.Nesnow Smith on March 20, 1996 in New Bern, 
North Carolina. 

APPEARANCES 

Petitioner: Helen Hunter-Reid 

908 Jennifer Lane 
Snow Hill, North Carolina 28580 
Appeared Pro Se. 

Respondent: Reuben Young 

Associate Attorney General 

N.C. Department of Justice 

Crime Control Section 

P.O. Box 27687 

Raleigh, North Carolina 27611 

ISSUE 

Did Respondent err in denying Petitioner's claim for compensation under the Cnme Victims Compensation Act? 

STATUTE IN ISSUE 

N.C. GEN. STAT. 15B-11(6) 

FP^INGS OF FACT 

1. Everette Parker was the 32 year-old son of Helen Hunter-Reid. 

2. Mr. Parker was killed on December 30, 1994. Mrs, Hunter-Reid subsequently applied to the Respondent for funeral 
and burial expenses. 

3. Respondent does not contest that Mrs. Hunter-Reid is the victim's survivor as described by the Crime Victims 
Compensation Act. 

4. Parker had been friends with John and Mary Quidley since approximately 1991. Mrs. Hunter-Reid had met the 
Quidleys at her home and, though she did not think highly of their lifestyle, they were polite and did not curse or drink while 
they were in her home. 

5. Mrs. Hunter-Reid testified that the Quidleys drank a lot and she believed that they also took "dope." She testified 
that it was her understanding that John Quidley had some involvement with "women who did things for him" and that her 
son was paid by Quidley to protect the women. 



93 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



CONTESTED CASE DECISIONS 



6. Parker had been in the military as a young man. Quidley, who occasionally referred to Parker as his "bodyguard," 
had also been in the military. Parker called Quidley "Sarge." 

7. On the morning of December 30, 1994, Parker was at the trailer park home of John and Mary Quidley. 

8. At approximately 10:00 a.m., Parker and the Quidleys called for a taxicab. The cab arrived and took them to a 
local bar, where they all began to drink. The three continued on to another bar and at 12:00 noon, they called for another 
cab to bring them back to the trailer park. 

9. When the cab arrived at the Foxhole Bar, a white male, later identified as John Quidley, a black male, later 
identified as Everette Parker, and a white female, later identified as Mary Quidley, entered the cab. 

10. The cab driver testified that the female did not say a word during the trip but the two males were arguing. The 
driver told them they would have to settle down if they were going to ride in his cab. Mary and Parker sat in the back seat 
and Quidley sat in the front. 

11. During the cab ride, the two males continued to argue about Parker allegedly having fondled Mary's breast. 

12. The driver told the two males on approximately three occasions to "settle down" or get out of the cab. 

13. Ehiring the ride home, Quidley told Parker three times that he was going to kill him. He also said that he was going 
to shoot him with his shotgun when they got home. 

14. Parker stated on one occasion, "You won't do that, Sarge. I've known you too long." 

15. Mr. Quidley had served eight years in prison for killing his stepfather. It is unknown whether Parker knew this. 

16. One week earlier, at Christmas, Parker had been given a jacket by his brother. When the cab arrived at the trailer, 
Parker said, "I have to go inside to get my jacket." 

17. The three then entered the trailer and the cab left. 

18. It is unknown precisely what occurred after the three returned home. Quidley and Mary later gave several 
inconsistent statements. For example, Quidley stated that Parker came at him with a knife and cut his hands. He later stated 
that Parker was coining at Mary with a knife and that he had interceded. Mary said Parker had come to their trailer and 
kicked in the door. Mary also said Quidley told her he was afraid of Parker and felt he had to protect himself and her. 

19. Between 12:30 and 1:00 p.m., Quidley was found wandering around the trailer park. He was very drunk and 
incoherent. Neighbors who knew Quidley returned him to the trailer. Mary opened the door and Quidley fell into the 
trailer. The neighbors then saw the feet of a man lying on the floor at the bathroom door. They asked Mary if he was alright 
and she told them that her husband had shot the man half an hour ago and she thought he was dead. The neighbors called 
the police. 

20. Everette Parker was dead with a gunshot wound to the left abdomen. John and Mary Quidley were taken into 
custody. Quidley admitted to shooting Parker. 

21. The police examined John Quidley's hands and found no cuts. They observed only a pinch mark on one hand at 
the base of the "V" where the thumb and the first finger meet. Detective Dean Adelmund of the Jacksonville Police 
Department testified that the pinch appeared to him to have been caused by cocking the shotgun. 

22. The police found a knife on the coffee table in the trailer. The knife was sent to the SBI for testing. Because the 
knife had a rough-textured grip, no fingerprints were found. No blood was apparent on the knife and the SBI tests found 
no trace of blood. 

23. Mrs. Hunter-Reid testified that she did not have money to bury her son, that she had to borrow funeral expenses, 
and that she can not afford a marker for her son's grave. She testified that she is requesting only enough money to pay for 
funeral expenses and a marker. 



11:2 NORTH CAROLINA REGISTER April 15, 1996 94 



CONTESTED CASE DECISIONS 



24. The Crime Victims Compensation Act lists contributory misconduct as one of the grounds upon which a denial may 
be based. 

25. Mrs. Hunter-Reid's application to the Respondent for funds was denied on the grounds that her son's contributory 
misconduct contributed to the killing. 

26. The Respondent cited as contributoiy misconduct the evidence that Parker had heard Quidley say he was going to 
kill him three times but Parker chose to remain in Quidley's presence and even entered the trailer. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . The evidence is uncontroverted that Parker was engaged in an argument with Quidley. The argument was of enough 
intensity to prompt the cab driver to ask them several times to stop. It appears, however, that the argument did not become 
physical and had not risen to a high enough intensity to cause the cab driver to put the men out of the cab. 

Parker knew Quidley since 1991. He called him "Sarge," a nickname which is friendly and which connotes a higher 
rank, i.e. a name of some respect. While Quidley threatened to kill Parker three times, Parker revealed his state of mind 
by saying that he did not believe Quidley would do that because they had been friends too long. 

The evidence tends to indicate that Parker did not enter the trailer in an effort to accelerate the fight. Parker was 
found with his jacket on. He was shot coming out of the bathroom. Thus, the evidence indicates that Parker entered the 
trailer to get his jacket. He put it on, he went to the bathroom, and then, presumably, he was going to leave. 

The question remains whether Parker was reasonable in beUeving that Quidley would not kill him. If a reasonable 
man would have believed he was in danger, then Parker's behavior may rise to the level of contributory misconduct. 

It is unknown whether Parker knew of Quidley's imprisonment for murder. From the evidence, it would appear 
that Parker and Quidley lived on the fringe of society. There is no evidence that they had jobs and there is some evidence 
that they may have been involved in a disreputable business together. It is known that Quidley and Mary drank a great deal. 
In such a society, a stint in prison, even for murder, may not have the same extremely negative and frightening effect which 
it would have in a more conventional society. 

There is a sense of correctness in denying claims where the victim was not an upstanding member of society, or 
where the victim's lifestyle was opprobrious. However, the statute makes no allowance for such considerations. 

Tlie Crime Victims Compensation Act, as it is currently written, does not require that victims be without blemish. 
It requires only that they not be involved in an act of contributory misconduct. 

2. Considering all of the above, it is the opinion of the undersigned that Parker was not unreasonable to stay with 
Quidley after the verbal threats nor was he unreasonable in believing that Quidley was not going to kill him. 

3. It is concluded that Parker was not engaged in an act of contributory misconduct at the time of his murder. 
Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the Respondent approve Petitioner's claim for compensation and award the amount necessary to cover the 
funeral expenses and the cost of a headstone. 

MEMORANDUM OF LAW 

(26 NCAC 03 .0125) 
Parker's mother, the Petitioner in this action, presented a strong, composed, but heart wrenching argument for the 

95 NORTH CAROLINA REGISTER April 15, 1996 11:2 



CONTESTED CASE DECISIONS 



remedy she seeks. The Attorney General quite correctly and convincingly asserted that decisions concerning the payment 
of compensation to crime victims must be made with cool, unemotional consideration. 

The undersigned has deliberated upon this decision at length and without emotion. Whether Mrs. Hunter-Reid is 
a worthy receipient is of no consequence as is Parker's lifestyle or position in society. The single issue is whether the victim 
was involved in an act of contributory misconduct by behaving in an unreasonable manner. Disregarding all peripheral 
matters. Petitioner's behavior was not contributory misconduct. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Crime Victims 
Compensation Commission. 

This the 29th day of March, 1996. 



Dolores O. Nesnow Smith 
Administrative Law Judge 



11:2 NORTH CAROLINA REGISTER Apnl 15, 1996 96 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF LENOIR 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 EHR 1198 

95EHR 1199 



KINSTON UROLOGICAL ASSOCUTES, P. A., 
Petitioner, 



N.C. CANCER PROGRAM, 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before Administrative Law Judge Dolores O. Nesnow Smith on March 19, 1996 in New 
Bern, North Carolina. 

APPEARANCES 

Petitioner: Diedra Herring, Business Manager 

Kinston Urological, P. A. 
Kinston Clinic 
North Suite L 

Kinston, North Carolina 28501 
Appeared Pro Se 

Respondent: John Barkley 

Assistant Attorney General 
N.C. Department of Justice 
P.O. Box 629 
Raleigh, North Carolina 27602 

ISSUE 

Did Respondent err in denying Petitioner's claim for compensation under the Cancer Treatment Program? 

STATUTES AND RULES AT ISSUE 

N.C. GEN STAT, 130A-205 

15A NCAC 16A .1101 et seq. 

15A NCAC 24A .0302 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits 
received into evidence, and the entire record in this proceeding, the undersigned makes the following: 



FINDINGS OF FACT 

1. The Cancer Treatment Program provides reimbursement for patients who qualify for aid based on fmancial need. 

2. It is not uncommon for the health care provider to submit forms for payment on behalf of the patient. 

3. In order to be reimbursed, an appUcant must first have a determination of financial eligibility. He then must submit 
the following tvvo forms: 



(a) 



Authorization Request - this must be received by the Respondent within one year after the date 



97 



NORTH CAROLINA REGISTER 



April 15, 1996 



11:2 



CONTESTED CASE DECISIONS 



of service, and 

(b) a Claim for Payment - this must be received by the Respondent within one year after the date of 

service. 

4. 15A NCAC 24 A .0302 provides in pertinent part: 

(5) A claim for payment must be received by the Department within one year after the date of service 

or within 45 days after the date of authorization approval, whichever is later, or the claim will be denied. 

5. Ray Shackelford, the Manager of Provider Relations, Purchase of Medical Care Services, Department of 
Environmental Health and Natural Resources, testified that the above provision provides a one year absolute cut off date. 

6. Mr. Shackelford explained that the above-noted rule has the "45 Days" provision because claimants are given one 
year from date of service to file the first form, i.e. the Authorization Request. If a claimant files the first form close to the 
end of the first year after service, waits for the Respondent's answer, and then attempts to file the second form, the Claim 
for Payment, that form will be outside the one year cut-off. Thus, the rule allows one year from the date of service for the 
Claim for Payment... or 45 days after the date of authorization approval, whichever is later. 

7. After considering all possibilities, it is found that the 45 day provision is inapplicable in the case at hand. 

8. Respondent's Office Manager, Diedra Herring, received a promotion making her the Business Manager. 

9. Although Kinston Urological has an employee who handles insurance claims, Ms. Herring was asked to "take care 
or two particular cancer patients. 

10. Ms. Herring testified that the employee in charge of insurance claims may have known about the Claim for Payment 
Form, but that she, as the Business Manager, did not personally handle insurance claims and did not know about this second 
form. 

1 1 . The patients were deemed to be financially eligible for assistance under the Cancer Treatment Program. 

12. Ms. Herring filed the Authorization Request for a number of treatments and office visits on these two patients. She 
received from Respondent a response indicating that the treatments were ones which would be covered, i.e. the Respondent's 
authorization. 

13. Since she did not know that a Claim for Payment must also be submitted if and when the treatment actually occurs, 
she filed no additional forms with the Respondent. 

14. After Ms. Herring learned of her error, she contacted the Respondent's Purchase of Medical Care Department. 
While Ms. Herring had a cordial and coojjerative relationship established with Resfwndent, a review of the records indicated 
that the outstanding claims could not be paid because they were submitted more than a year after the treatment. 

15. It is uncontested that all the claims at issue occurred more than one year before the Petitioner attempted to file the 
claim for Payment. 

16. Mr. Shackelford further testified that the regulations for processing claims had had a provision allowing for 
discretion in instances where there were extenuating circumstance for a late filing. He testified that that provision had been 
deUberately removed because it was determined to be unmanageable for the reviewers to continuously make decisions as to 
the merits of claims for exceptions. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. 15A NCAC 24A .0302 clearly provides for an absolute cut-off of one year after service to file the Claim for 

Payment. There is no provision for consideration of extenuating circumstances. 



11:2 NORTH CAROLINA REGISTER April 15, 1996 98 



CONTESTED CASE DECISIONS 



2. Petitioner submitted the claims for payment at issue more than one year after the services were rendered. 

3. It is therefore concluded that Respondent did not err in denying the Petitioner's claim for payment. 
Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That Respondent affirm the decision to deny payment of the claims at issue. 

MEMORANDUM OF LAW 

While Ms. Herring was reasonable in believing she had filed all forms necessary since Respondent had issued what 
appeared to be an "approval," and while there was no misfeance in what appears to be an "honest" mistake, the regulations 
allow no exceptions to the one year cut-off. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Department of 
Environment, Health and Natural Resources. 

This the 26th day of March, 1996. 



Dolores O. Nesnow Smith 
Administrative Law Judge 



99 NORTH CAROLINA REGISTER April 15, 1996 11:2 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



J he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATrVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Pubbc Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical TTierapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






TTierapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



11:2 



NORTH CAROLINA REGISTER 



April 15, 1996 



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zzzzzzzzzzzzzzzzzzzzzzz 

<<<<<<<<<<<<<<<<<<<<<<< 



I 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Dept. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Ijoan Division 

Industnal Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Englneenng & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 - Dept. of Labor - Full Title 

Mine & Quarrv Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



201 00 00 

201 10 05 

201 10 33 

202 00 00 

202 15 09 
202 15 34 
202 15 43 
202 1 5 48 

202 15 52 

203 GO 00 

204 00 00 

204 1 5 02 
204 1 5 03 
204 1 5 06 
204 1 5 09 
204 15 10 

204 15 16 

205 00 00 

205 15 02 

206 00 00 

207 00 00 

208 00 00 

209 00 00 

210 00 00 

210 20 10 
210 20 20 
210 20 30 
210 20 40 
210 20 41 
210 20 42 
210 20 43 
210 20 44 

210 20 45 

211 00 00 

211 1001 
211 10 04 
211 10 05 
211 10 06 

211 1008 

212 00 00 

212 10 07 
212 1009 

212 10 11 

213 00 00 

213 15 06 
213 20 00 
213 15 12 
213 15 13 
213 15 14 

213 15 15 

214 00 00 

214 00 08 

214 00 11 

216 00 00 

215 15 00 
215 15 10 
215 15 20 
215 15 30 
215 15 31 
215 15 32 



$63.00 

S21.00 
$17.50 

$98.00 

$28.00 
$21.00 
$21.00 
$21.00 
$21.00 

$7.00 

$87.50 

$12.00 
$24.50 
$14.00 
$14.00 
$14.00 
$24.50 

$56.00 

$24.50 

$21.00 

$21.00 

$7.00 

$31.50 



$346.50 


$45.50 


$31.50 


$77.00 


$119.00 


$31.50 


$31.50 


$28.00 


$17.50 


$35.00 


$63.00 


$56.00 


$24,50 


$17.50 


$28.00 


$21.00 


$63.00 


$21.00 


$31.50 


$17.50 


$77.00 


$14.00 


$31.50 


$14.00 


$14.00 


$14.00 


$14.00 


$31.50 


$17.50 


$14.00 


$276.50 


$1 15.50 


$49.00 


$49.00 


$56.00 


$35.00 


S17.50 



$90.00 

$30.00 
S25.00 

$140.00 

$40.00 
$30.00 
$30.00 
$30.00 
$30.00 

$10.00 

$125.00 

$40.00 
$35.00 
$20.00 
$20.00 
$20.00 
$35.00 

$80.00 

$35.00 

$30.00 
$30.00 
$10.00 
$45.00 

$495.00 

$65.00 
$45.00 
$110.00 
$170.00 
$45.00 
$45.00 
$40.00 
$25.00 
$50.00 

$90.00 

$80.00 
$35.00 
$25.00 
$40.00 
$30.00 

$90.00 

$30.00 
$45.00 
$25.00 

$110.00 

$20.00 
$45.00 
$20.00 
$20.00 
$20.00 
$20.00 

$45.00 

$25.00 
$20.00 

$395.00 

$165.00 
$70.00 
$70,00 
$80.00 
$50.00 
$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50,00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


*21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 


.. 


$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Full Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 19A ■ Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedures Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - Independent Agencies - Full Title 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Title 

Title 27 - North Carolina State Bar - Full Title 

North Carolina Administrative Code - Full Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binderlsl 



METHOD OF PAYMENT: D Check Enclosed 

D VISA D MasterCard D American Express 

CARD HOLDER E 

NAME (As It eppeara on card] 

SIGNATURE 

CUSTOMER INFORMATION 

FIRM OR COIJIPANY NAME 



CONTACT NAME 



STREET ADDRESS (Required for ell shipments) 



PO BOX (IF ANY) 



TELEPHONE NUMBER 



DEFT. OR MAIL STOP 



CODE 
NUMBER 


ONETIME 

PURCHASE 

PRICE 


ANNUAL 




TOTAL 


SUBSCRIPTION 
PRICE 


QTY 
































Binder(3); Tnlcd 'Offhi^t Nonh Carolina Admrtistrr[:ve Code' 
299 90 00 816,00 aach 






Subtotal 




North Carolina State Salea Tax (6%) 




Shipping and Handling 




GRAND TOTAL 





crry/STATE/zip 



SUBSCRIBER ACCOUNT NUMBER 



Mail to: Barclays Law Publishers 
PO Box 3066 
South San Francisco, CA 94083-3066 

For faster service call (800) 888-3600 or fax us at (415) 244-0408 



I 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


201 00 00 


$63.00 


$90.00 


201 10 05 


«21.00 


$30.00 


201 10 33 


S17.50 


$25.00 


202 00 00 


$98.00 


$140.00 


202 15 09 


$28.00 


$40.00 


202 15 34 


$21.00 


$30.00 


202 15 43 


$21.00 


$30.00 


202 15 48 


$21.00 


$30.00 


202 1 5 52 


$21.00 


S30.00 


203 00 00 


$7.00 


$10.00 


204 00 00 


$87.50 


$125.00 


204 1 5 02 


$12.00 


$40.00 


204 1 5 03 


$24.50 


$35.00 


204 1 5 06 


$14.00 


$20.00 


204 1 5 09 


$14.00 


$20.00 


204 15 10 


$14.00 


$20.00 


204 1 5 1 6 


$24.50 


$35.00 


205 00 00 


$56.00 


$80.00 


205 1 5 02 


$24.50 


$35.00 


206 00 00 


$21.00 


$30.00 


207 00 00 


$21.00 


$30.00 


208 00 00 


$7.00 


$10.00 


209 00 00 


$31.50 


$45.00 


210 00 00 


$346.50 


$495.00 


210 20 10 


$45.50 


$65.00 


210 20 20 


$31.50 


$45.00 


210 20 30 


$77.00 


$110.00 


210 20 40 


$119.00 


$170.00 


210 20 41 


$31.50 


$45.00 


210 20 42 


$31.50 


$45.00 


210 20 43 


$28.00 


$40.00 


210 20 44 


$17.50 


$25.00 


210 20 45 


$35.00 


$50.00 


211 00 00 


$63.00 


$90.00 


211 10 01 


$56.00 


$80.00 


211 10 04 


$24.50 


$35.00 


211 1005 


$17.50 


$25.00 


211 1006 


$28.00 


$40.00 


211 1008 


$21.00 


$30.00 


212 00 00 


$63.00 


$90.00 


212 1007 


$21.00 


$30.00 


212 1009 


$31.50 


$45.00 


212 10 11 


$17.50 


$25.00 


213 00 00 


$77.00 


$110.00 


213 15 06 


$14.00 


$20.00 


213 20 00 


$31.50 


$45.00 


213 15 12 


$14.00 


$20.00 


213 15 13 


$14.00 


$20.00 


213 15 14 


$14.00 


$20.00 


213 15 15 


$14.00 


$20.00 


214 00 00 


$31.50 


$45.00 


214 00 08 


$17.50 


$25.00 


214 00 11 


$14.00 


$20.00 


21 B 00 00 


$276.50 


$395.00 


215 15 00 


$115.50 


$165.00 


215 15 10 


$49.00 


$70.00 


215 15 20 


$49.00 


$70.00 


215 15 30 


$56.00 


$80.00 


215 15 31 


$35.00 


$50.00 


215 15 32 


$17.50 


$25.00 



Tite 1 - Dept. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 

Structural Pest Control Committee 

Agricultural Markets 

Plant Industry 

Animal Industry — 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Satety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$60.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


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